DISABILITY DISCRIMINATION – Section 15
Discrimination due to unfavourable treatment because of something arising in consequence of disability – proportionate means of achieving a legitimate aim – section 15 Equality Act 2010
The Claimant was a doctor employed by the four partners of a small GP’s practice. Having been signed off work on long-term sickness absence after suffering a heart attack, he was a disabled person for the purposes of the Equality Act 2010 (‘the EqA’) by reason of his on-going heart condition. Medical advice supported the Claimant’s contention that he could return to work on a phased, part-time basis; the Respondents, however, decided he should be dismissed. On the Claimant’s complaints of unfair dismissal and disability discrimination under section 15 EqA, the ET found his dismissal was procedurally unfair because the Respondents – who could have employed him in a part-time capacity – had not obtained an up-dated medical report about his fitness to return or discussed the possibility of part-time working. As for his disability discrimination claim, while the Claimant’s dismissal was unfavourable treatment, it had been a proportionate means of achieving a legitimate aim. The Claimant appealed against the rejection of his section 15 EqA claim.
Held: allowing the appeal
The ET’s reasoning on the question of proportionality did not include any consideration of the possibility of part-time working as an alternative and less discriminatory means of achieving the Respondents’ legitimate aim (of providing the best possible patient care). The ET had only considered the issue of part-time working in respect of the Claimant’s unfair dismissal claim, when the ET recorded that the Respondents had accepted this had been a possibility. This had thus been a relevant factor that the ET had failed to take into account when determining the Claimant’s complaint under section 15 EqA; that rendered its decision on that claim unsafe.
Citations:
[2018] UKEAT 0029 – 18 – 0205
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 24 April 2022; Ref: scu.618919
